NCJ Number
60639
Date Published
1978
Length
44 pages
Annotation
AN ANALYSIS OF LONG-TERM DETAINEES CONFIRMS THAT MANY DEFENDANTS DELIBERATELY DELAY TRIAL HOPING WITNESSES WILL LOSE CREDIBILITY, EVIDENCE WILL BE LOST, AND PROSECUTORS WILL OFFER MORE FAVORABLE TERMS.
Abstract
CRIMINAL JUSTICE SERVICES SELECTED 50 LONG-TERM CASES FROM 3 TARGET COUNTIES FOR ANALYSIS. ALL HAD BEEN CONTINUED FOR A YEAR OR MORE AND ALL HAD BEEN SETTLED BY THE TIME OF STUDY. THIS REPORT COVERS THE 18 CASES FROM KINGS COUNTY. INTERVIEWS WITH PROSECUTORS, DEFENSE ATTORNEYS, AND JUDGES PLUS AN EXAMINATION OF THE COURT RECORDS FOUND THAT SOME OF THE DELAY WAS CAUSED BY PROCEDURAL PROBLEMS RELATED TO MULTIPLE CHARGES AND DEFENDANTS, SOME BY LACK OF COORDINATION AMONG CRIMINAL JUSTICE AGENCIES, BUT MOST OF IT TO THE DEFENDANT'S UNWILLINGNESS TO SETTLE THE CASE. MOST LONG-TERM DETAINEES HAVE HEAVY CRIMINAL RECORDS. IF THEY PLEA BARGAIN, THEY ARE LIKELY TO RECEIVE LONG PRISON TERMS, AND IF THEY GO TO TRIAL, THEY ARE LIKELY TO RECEIVE EVEN LONGER TERMS. AS A RESULT, THEY AND THEIR ATTORNEYS DELAY UNTIL THEY FEEL THE CASE HAS SO DETERIORATED THAT ACQUITTAL OR A MORE LENIENT PLEA NEGOTIATION IS POSSIBLE. THE ATTORNEY-DEFENDANT RELATIONSHIP IN SUCH CASES IS TUMULTUOUS. THE NUMBER OF ATTORNEYS PER DEFENDANT RANGE FROM ONE TO FOUR, WITH 80 PERCENT OF DEFENDANTS HAVING TWO OR MORE. EACH CHANGE IN ATTORNEYS RESULTS IN FURTHER DELAY. OFTEN THE DEFENDANT IS A 'JAIL HOUSE LAWYER' WHO WANTS TO RUN THE CASE AND INSISTS ON FRIVOLOUS MOTIONS. THE FEE SCHEDULE FOR PUBLICALLY APPOINTED ATTORNEYS, OVERWORKED PROSECUTORS, AND WITNESSES WHO DO NOT SHOW UP ALSO CAUSE DELAY. LONG-TERM DETAINEES COST COURT SYSTEMS LARGE SUMS OF MONEY. THE CAUSES OF SUCH DELAY NEED TO BE AGGRESSIVELY REMEDIED. THIS STUDY CONTAINS BOTH TECHNICAL DATA AND REFERENCES. (GLR)